Discussion of the settlement in the landmark lawsuit over unauthorized reuse of freelance authors' previously published newspaper and magazine articles.

Tuesday, May 24, 2005

Official Settlement Website to Add ‘Comments’ Posting

United States District Court Judge George B. Daniels today asked class counsel, and class counsel agreed, to set up the capability for class members to post comments at the official website for the $10-to-$18-million copyright class action preliminary settlement, http://www.copyrightclassaction.com.

This development came in the course of a hearing on my motion to vacate the preliminary settlement. Judge Daniels denied the motion, as was expected on both sides.

The focus of the settlement procedures now shifts to the July 15 deadline for class members to object to the settlement terms or to opt out of the settlement. A final settlement hearing, known as the Fairness Hearing, is scheduled for July 28.

In denying the motion to vacate but suggesting the addition of an interactive communication feature, Judge Daniels made it clear that he distinguished between comments from class members, which he will welcome, and formal objections to the settlement, which he will entertain only on the schedule set forth in the preliminary settlement. He refused to remove the requirement for an objecting class member to appear in person at the fairness hearing.

(I was not at today’s hearing in New York. My attorney Charles Chalmers did travel from California to New York for the oral arguments.)

I look forward to the introduction of the comments capability at the official settlement website and to seeing what form it takes. Checking the site today, I see a page where it states, “You can email Class Counsel at: CopyrightSettlement@girardgibbs.com.” I believe that this mere listing of an email address existed before -- though I am not certain about that -- and I assume that Judge Daniels had something more than that in mind, and that the settlement parties intend to set up a more ambitious comments mechanism.

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Hello. Prompt how to get acquainted with the girl it to me to like. But does not know about it I have read through one history Each of you has your personal story; it is your history. Keeping a diary or writing your feelings in a special notebook is a wonderful way to learn how to think and write about who you are -- to develop your own identity and voice.

People of all ages are able to do this. Your own history is special because of your circumstances: your cultural, racial, religious or ethnic background. Your story is also part of human history, a part of the story of the dignity and worth of all human beings. By putting opinions and thoughts into words, you, too, can give voice to your inner self and strivings.

A long entry by Anne Frank on April 5, 1944, written after more than a year and a half of hiding from the Nazis, describes the range of emotions 14-year-old Anne is experiencing:

". . . but the moment I was alone I knew I was going to cry my eyes out. I slid to the floor in my nightgown and began by saying my prayers, very fervently. Then I drew my knees to my chest, lay my head on my arms and cried, all huddled up on the bare floor. A loud sob brought me back down to earth, and I choked back my tears, since I didn't want anyone next door to hear me . . .

"And now it's really over. I finally realized that I must do my school work to keep from being ignorant, to get on in life, to become a journalist, because that's what I want! I know I can write. A few of my stories are good, my descriptions of the Secret Annex are humorous, much of my diary is vivid and alive, but . . . it remains to be seen whether I really have talent . . .

"When I write I can shake off all my cares. My sorrow disappears, my spirits are revived! But, and that's a big question, will I ever be able to write something great, will I ever become a journalist or a writer? I hope so, oh, I hope so very much, because writing allows me to record everything, all my thoughts, ideals and fantasies.

"I haven't worked on Cady's Life for ages. In my mind I've worked out exactly what happens next, but the story doesn't seem to be coming along very well. I might never finish it, and it'll wind up in the wastepaper basket or the stove. That's a horrible thought, but then I say to myself, "At the age of 14 and with so little experience, you can't write about philosophy.' So onward and upward, with renewed spirits. It'll all work out, because I'm determined to write! Yours, Anne M. Frank

For those of you interested in reading some of Anne Frank's first stories and essays, including a version of Cady's Life, see Tales From the Secret Annex (Doubleday, 1996). Next: Reviewing and revising your writing

About Me

Author of CHRIS & NANCY: The True Story of the Benoit Murder-Suicide and Pro Wrestling's Cocktail of Death (Fall 2009) and WRESTLING BABYLON (2007). Lead respondent in the landmark U.S. Supreme Court case for writers' rights, Reed Elsevier v. Muchnick. http://muchnick.net